City of New York v. Sicilian Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by thé defendant, The Sicilian Asphalt Paving Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of July, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overntling the said defendant’s demurrer to the complaint on the ground that the complaint does not state facts sufficiént to constitute a cause of action as to…
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Appeal by thé defendant, The Sicilian Asphalt Paving Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of July, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overntling the said defendant’s demurrer to the complaint on the ground that the complaint does not state facts sufficiént to constitute a cause of action as to said defendant.
1DissentMcLaughlin, J.
I am unable to concur in the opinion of Mr. Justice Scott for the following reasons: Under the appellant’s contract it was obligated, after putting down the pavement, to maintain it in good condition for a period of five years. The maintenance included (a) the repairing of such natural defects as might appear, ■ e. g., cracks, depressions, etc., and (b) the restoring of the pavement after it had been removed with the consent of the city for certain specified purposes... The appellant was not obligated to perform any of the work speci fied under the maintenance clause until notified by the…
2Cases cited2 opinions
- People Ex Rel. Markey v. . City of BrooklynNew York Court of Appeals · 1875
- Lowery v. . Brooklyn City and Newt. R.R. Co.New York Court of Appeals · 1879